33 U.S.C. § 3021: Original appointments and…

Summary

Sets who can join or rejoin the Coast Guard’s commissioned officer corps, what rank they may get, and how transfers work. New officers are placed in a grade that fits their skills, experience, and the needs of the corps. Officer candidates who finish the basic officer training program may only be appointed as ensign. Those ensigns take rank by their graduation merit order. New appointments may come from basic training graduates; military academy graduates (with the Secretary of Defense’s approval); State maritime academy graduates who meet the training standards, completed at least three years of regimented training, and hold an unlimited tonnage or horsepower Merchant Mariner Credential; and licensed U.S. merchant marine officers with two or more years serving aboard a U.S. vessel. People who served before may be reappointed to the grade they held, but reappointments to positions of importance under section 3028 must be made by the President. Appointees must be U.S. citizens and pass mental, moral, physical, and professional fitness checks under rules the Secretary sets. Order of rank is by commission date, with ties decided by the Secretary. For inter-service transfers (per DoD Directive 1300.4, dated December 27, 2006), the Secretary must coordinate with the Secretary of Defense and the department where the Coast Guard is operating, give recruitment preference as appropriate, and reappoint transfers to the equivalent grade. Definitions (one line each): Military service academies — West Point, Annapolis, Air Force Academy, Coast Guard Academy, Merchant Marine Academy. State maritime academy — schools defined in 46 U.S.C. 51102.

Title 33, §3021

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Original appointments

(1)Grades

(A)In general

Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for— (i)

(ii)the commissioned officer corps of the Administration.

(B)Appointment of officer candidates

(i)Limitation on grade

An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.

(ii)Rank

Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.

(2)Source of appointments

An original appointment may be made from among the following:

(A)Graduates of the basic officer training program of the commissioned officer corps of the Administration.

(B)Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

(C)Graduates of the State maritime academies who—

(i)otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);

(ii)completed at least three years of regimented training while at a State maritime academy; and

(iii)obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.

(D)Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).

(3)Definitions

In this subsection: (A) Military service academies of the United States

(B)State maritime academy

The term “State maritime academy” has the meaning given the term in section 51102 of title 46.

(b)Reappointment

(1)In general

Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation.

(2)Reappointments to higher grades

An appointment under paragraph (1) to a position of importance and responsibility designated under section 3028 of this title may only be made by the President.

(c)Qualifications

An appointment under subsection (a) or (b) may—

(1)be given only to an individual who is a citizen of the United States; and

(2)not be given. to an individual until the individual’s mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe.

(d)Order of precedence

Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of commission are the same shall be determined by the Secretary.

(e)Inter-service transfers

For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall—

(1)coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers;

(2)give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and

(3)reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps of the Administration.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853t of this title prior to repeal by Pub. L. 107–372.

Amendments

2022—Subsec. (c). Pub. L. 117–263 substituted “may— “(1) be given only to an individual who is a citizen of the United States; and “(2) not be given.” for “may not be given”. 2020—Pub. L. 116–259 substituted “Original appointments and reappointments” for “Original appointments” in section catchline and amended text generally. Prior to amendment, text related to original appointments in the grades of ensign, lieutenant (junior grade), and lieutenant.

§3021 Original Appointments and Reappointments